1. A court’s authority to hold a trial is its _____.
a.
venire
b.
original jurisdiction
c.
appellate jurisdiction
d.
venue
The Dual Court systems in the United States
2. A court with only appellate jurisdiction has the authority to _____.
a.
b.
c.
d.
The Dual Court systems in the United States
3. In order of authority from lowest to highest, the structure of the federal court system is _____.
a.
US Court of Appeals, US District Court, US Supreme Court
b.
US District Court, US Superior Court, US Supreme Court
c.
US Circuit Court, US District Court, US Supreme Court
d.
US District Court, US Court of Appeals, US Supreme Court
Federal Courts
4. A court which can try any type of case has _____.
a.
limited jurisdiction
b.
appellate jurisdiction
c.
general jurisdiction
d.
certiorari
The Dual Court systems in the United States
5. When the United States Supreme Court grants a writ of certiorari, this means that the Court is _____.
a.
taking original jurisdiction over the case
b.
obligated to review the case
c.
willing to review a case decided by a lower court
d.
willing to retry the case
The Dual Court systems in the United States
CPCJ.FERD.16.2.1
6. Prosecution is commonly termed _____ when a prosecutor increases the number or severity of charges to penalize a
defendant who exercises constitutional or statutory rights.
a.
vindictive
b.
selective
c.
righteous
d.
malicious
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.5
7. The purpose of the preliminary hearing is to _____.
a.
try the defendant
b.
accept the defendant’s plea
c.
determine the existence of probable cause
d.
make a judgment on motions to suppress evidence
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.4
8. Which statement about plea bargaining is true?
a.
A plea agreement is not a contract.
b.
If the defendant breaches a plea agreement, the prosecution can pursue charges, but cannot pursue
more serious charges than originally planned.
c.
Very few cases are resolved through plea bargaining.
d.
If the prosecution breaches a plea agreement, the defendant may be allowed to withdraw a guilty
plea.
d
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.6
9. Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and
determine a case?
a.
first notice
b.
venue
c.
arraignment
d.
geographic subdivisions
b
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.7
10. A(n) _____ can be issued without demonstrating probable cause.
a.
indictment
b.
prosecutor’s information
c.
true bill
d.
subpoena
d
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.3
11. The defendant’s plea is requested at the _____.
a.
indictment
b.
preliminary hearing
c.
initial appearance
d.
arraignment
d
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.4
Bloom’s: Understand
12. What limitation is placed on a prosecutor’s discretion to file charges and to make a determination about what offense
to charge?
a.
The prosecutor must have an established record of making the same decision in substantively similar cases.
b.
The prosecutor must have probable cause to believe the defendant committed the charged offense.
c.
The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence.
d.
The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense.
b
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.5
Bloom’s: Analyze
13. Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant’s guilt is called
_____.
a.
error-prone evidence
b.
circumstantial evidence
c.
exculpatory evidence
d.
impeachment material
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.6
Bloom’s: Evaluate
14. The main purpose of the arraignment is to _____.
a.
indict the defendant
b.
accept a plea from the accused
c.
set bail for the accused
d.
determine probable cause
ANSWER:
b
Preliminary Pretrial Criminal Proceedings
LEARNING OBJECTIVES:
CPCJ.FERD.16.2.4
15. When a defendant stands mute, a plea of _____ is entered on his or her behalf.
a.
not guilty
b.
guilty
c.
nolo contendere
d.
innocent
REFERENCES:
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.4
KEYWORDS:
16. Competency to stand trial _____.
a.
must be determined before an individual can be arraigned
b.
may be raised at any point during the trial but before a verdict is rendered
c.
must be raised prior to any evidence being hears
d.
may be raised at any point of the proceedings, including after conviction
ANSWER:
d
Preliminary Pretrial Criminal Proceedings
LEARNING OBJECTIVES:
CPCJ.FERD.16.2.6
17. Circumstantial evidence _____.
a.
indirectly infers a fact at issue
b.
directly establishes a fact at issue
c.
can be physical, tangible evidence, but not testimonial evidence
d.
can be testimonial evidence, but not physical, tangible evidence
ANSWER:
REFERENCES:
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
KEYWORDS:
18. The exclusionary rule _____.
a.
does not exclude evidence that could have been later obtained from an independent source
b.
automatically excludes all evidence seized in violation of the U.S. Constitution
c.
applies only to federal criminal trials, but not state trials
d.
is a rule that is explicitly stated in the Fourth Amendment
REFERENCES:
Motions to Suppress Evidence and the Exclusionary Rule
LEARNING OBJECTIVES:
CPCJ.FERD.16.2.8
19. The exclusionary rule _____.
a.
applies to evidence seized by both the police and private citizens
b.
was designed to deter police misconduct
c.
is a rule that is explicitly stated in the Fourth Amendment
d.
has always applied to both state and federal criminal proceedings
Motions to Suppress Evidence and the Exclusionary Rule
20. What rule of law requires exclusion of tainted evidence even if it is relevant?
a.
the exclusionary rule
b.
good faith exception
c.
attenuation doctrine
d.
probable cause
Motions to Suppress Evidence and the Exclusionary Rule
21. What rule of law can potentially work to admit illegally obtained evidence that might otherwise be excludable?
a.
fruit of the poisonous tree doctrine
b.
preponderance of evidence
c.
probable cause
d.
good faith exception
Motions to Suppress Evidence and the Exclusionary Rule
22. To challenge the admissibility of evidence, a defendant must ______.
a.
have legal representation because only lawyers can make challenges
b.
have exhausted all appeals because challenges can only be made in appeals
c.
have standing, which refers to the ability to raise a legal claim
d.
get permission from the prosecution which must be in writing
Motions to Suppress Evidence and the Exclusionary Rule
23. Police interrogate a suspect who tells police where a stash of illegal drugs is hidden which are then seized by the
police. The drugs are best classified as _____.
a.
primary evidence
b.
derivative evidence
c.
circumstantial evidence
d.
fruit of the poisonous tree
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
24. Which statement most accurately describes the “inevitable discovery” exception to the exclusionary rule?
a.
If the government can show that the discovery of the tainted evidence was inevitable, the evidence will be
admissible, even though it was initially illegally obtained.
b.
If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not
admissible, even though the contested evidence would have been discovered by lawful means in the absence
of police misconduct.
c.
The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant
that particularly described the evidence seized.
d.
If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must
show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means.
Motions to Suppress Evidence and the Exclusionary Rule
25. Police with probable cause to believe that a warehouse contains marijuana unlawfully enter the warehouse and
observe marijuana. The officers leave and obtain a search warrant using their original probable cause, not their unlawful
observations. The best chance for the prosecutor to have the evidence be admissible would be under which exception?
a.
the attenuation exception
b.
the independent source exception
c.
the inevitable discovery exception
d.
the good faith exception
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
26. A patrol officer is chasing a suspect fleeing from an armed robbery in which the suspect fired a pistol. The suspect
flees into his own home, where the officer enters and arrests the suspect. An immediate search of the suspect reveals an
empty shoulder holster. Without advice of rights, the officer asks the suspect the whereabouts of the gun. The suspect
states that he threw it into the trash bin as he ran through the house. The weapon is found. The _____ exception would
probably form the most effective legal argument to make the gun admissible at trial.
a.
derivative evidence
b.
good faith
c.
inevitable discovery
d.
attenuation
Motions to Suppress Evidence and the Exclusionary Rule
27. The exclusionary rule requires that _____
a.
unambiguous evidence of prosecutorial misconduct be presented
b.
demonstration that the evidence was maliciously obtained
c.
the prosecutor be willing to stipulate the evidence was illegally obtained
d.
the defendant’s Fourth, Fifth, or Sixth Amendment rights have been violated
d
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
28. Based on the concept of “new federalism,” _____.
a.
the federal law is always given authority over state law, even if the state law grants more freedoms and
liberties to the individual
b.
the state law is always given authority over federal law, regardless of which law grants more freedoms and
liberties
c.
the federal law is given authority over state law, unless the state law grants more freedoms and liberties to the
individual
d.
federal law is given authority over state law, unless the state law grants additional authority to the state
government that is not recognized by the U.S. Constitution
The Dual Court systems in the United States
CPCJ.FERD.16.2.1
29. Although civil lawsuits against state agents are one alternative to the exclusionary rule, _____.
a.
civil lawsuits can only be filed by members of certain protected classes
b.
police and other agents of the state are able to claim absolute immunity
c.
police and other agents of the state are able to claim qualified immunity
d.
police and other agents of the state are able to claim transactional immunity
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
30. The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady
violation unless _____.
a.
the prosecutor knowingly violated office policy
b.
the District Attorney’s Office knowingly drafted a policy that violated Brady
c.
there the individual defendant was clearly damaged in some way
d.
there was a pattern of violations
d
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
31. If a criminal suspect is arrested without a warrant, the complaint serves as the charging document.
a.
True
b.
False
True
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.2
32. In felony cases, the purpose of the initial appearance is to accept the defendant’s plea.
a.
True
b.
False
False
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.4
33. The purpose of the grand jury is to reach a verdict in a criminal case.
a.
True
b.
False
False
Federal Courts
CPCJ.FERD.16.2.4
34. A plea of nolo contendere is an admission of guilt, but cannot be used against the defendant in a civil action.
a.
True
b.
False
False
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.4
35. DNA evidence is, in all instances, direct evidence.
a.
True
b.
False
False
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.6
36. The judicial process in the United States does not require proof to an absolute certainty in any phase of proceedings.
a.
True
b.
False
True
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.4
37. The U.S. Supreme Court has not adopted a specific definition for the “beyond a reasonable doubt” standard.
a.
True
b.
False
True
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.6
38. The exclusionary rule will not be invoked in instances where a police officer acts in good faith in following what he or
she believes to be the law.
a.
True
b.
False
True
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
39. The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.
a.
True
b.
False
False
Motions to Suppress Evidence and the Exclusionary Rule
CPCJ.FERD.16.2.8
40. Competency to stand trial can be raised at any point in the criminal process, even after a conviction.
a.
True
b.
False
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.4
41. The lowest level of criminal court in the federal system is the ______________.
U.S. District Court
Federal Courts
CPCJ.FERD.16.2.1
42. Criminal process against a felony defendant begins formally with the filing of a ______________.
complaint
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.3
43. An affidavit can be described as a ______________.
sworn statement
Preliminary Pretrial Criminal Proceedings
CPCJ.FERD.16.2.3
44. The location of the court is referred to as the ______________.
45. The main purpose of ______________ is to accept the defendant’s plea.
46. The prosecutor’s failure to disclose evidence which would show the defendant to be not guilty is a violation of the
______________.
47. A(n) ______________ is issued to a person accused of a crime to compel attendance at a criminal proceeding to
answer to charges.
48. To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have
______________—the ability to raise a legal claim.
49. The primary duty of the ______________ is to receive complaints in criminal cases, hear the evidence put forth by the
state, and return an indictment when a majority of the grand jury is satisfied that there is probable cause that the defendant
has committed an offense.
50. Information not contained in the body of the complaint, or that comes from witnesses other than the complainant, may
be brought to the court’s attention in the form of a(n) ______________.
51. Identify and describe the lowest level of criminal court in your state’s system and describe the types of cases the court
typically handles.
52. Draw a schematic diagram comparing the federal court system to your state’s system. Describe the differences in the
diagram of your state system against the text’s diagram of the federal court system.
53. Outline the stages of the criminal justice system, from arrest through arraignment, as they would normally occur.
54. Compare and contrast direct evidence and circumstantial evidence. Provide an illustration of how a single piece of
evidence can be direct evidence in one instance and circumstantial evidence in another instance.
55. Explain the notions of burden of persuasion and burden of production.
56. What is the meaning of the term “new federalism”? Provide an example of “new federalism” in action.
57. What is derivative evidence? Provide an example.
58. Detail the exceptions to the exclusionary rule and provide an example of each.
59. Explain what is meant by the term “demonstrative evidence.”
60. Highlight the difference between venue and jurisdiction.