CRIM 80402

subject Type Homework Help
subject Pages 15
subject Words 2019
subject Authors J. Scott Harr

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page-pf1
Which state does not allow hanging as a method of execution?
a. Washington
b. Delaware
c. Texas
d. New Hampshire
Professional literature is written for the:
a. layperson.
b. practitioner in a given field.
c. research analyst.
d. undergraduate level student.
Which of the following was not one of the pressing issues that led to the Civil War?
a. state banks and money versus national banks and currency.
b. freedom versus slavery in the territories.
c. federal aid versus state aid for improving highways and railways.
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d. racial segregation in the South.
The Constitution ensures individual liberty by:
a. limiting government power.
b. giving the government enough power to protect the innocent.
c. giving individuals the freedom to decide.
d. restricting the authority of state governments to enforce the law.
The Supreme Court ruled that capital punishment can only be imposed by a jury or by a
judge following a jury's recommendation in:
a. Powell v. Alabama
b. Trop v. Dulles
c. Brown v. Mississippi
d. Ring v. Arizona
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To bring a case or to argue a legal issue in court, one must have an actual interest in the
matter of dispute, which is called:
a. standing
b. ripeness
c. mootness
d. jurisdiction
Common law was:
a. that which applied to the common people, not to those in the upper echelon of
society.
b. set forth in well-documented codes.
c. established by early English and Roman rulers.
d. based on customs and traditions followed throughout England.
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The Brady Act does not prohibit:
a. states from enacting longer waiting periods on firearms purchases.
b. instant, computerized background checks.
c. illegal aliens from purchasing firearms.
d. those dishonorably discharged from military service from purchasing firearms.
A major issue facing the criminal justice system today is the growing population of and
rising crime rates associated with:
a. juveniles
b. crack dealers
c. illegal immigrants
d. organized biker gangs.
The standard of proof required in a civil case is:
a. more stringent than that required in a criminal case.
b. the same as that required in a criminal case.
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c. a preponderance of the evidence.
d. proof beyond a reasonable doubt.
Exigent circumstances include all of the following, except:
a. driving while intoxicated.
b. a person fleeing upon seeing an officer approach.
c. rendering emergency aid.
d. danger of destruction of evidence.
The conception and planning of an offense by an officer and his procurement of its
commission by one who would not have perpetrated it except for the trickery,
persuasion, or fraud of the officer is:
a. ensnarement
b. entrapment
c. framing
d. a set up
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Electronic surveillance:
a. is governed by the Fourth Amendment.
b. never requires a warrant.
c. produces no intrusion on one's reasonable expectations of privacy.
d. requires a warrant only when entry on premises is necessary to conduct the
surveillance.
The Supreme Court held there is no right to a federal jury trial when Congress had
created other administrative remedies in:
a. Thomas v. Union Carbide
b. Curtis v. Loether
c. Colgrove v. Battin
d. Griswold v. Connecticut
page-pf7
Massiah v. United States (1964) held that a critical stage requiring a lawyer includes
when a defendant is:
a. made aware a crime has been committed.
b. approached by the police.
c. determined to be indigent.
d. charged with a crime.
Which of the following is not a "critical stage" requiring the Sixth Amendment right to
counsel?
a. At sentencing.
b. At the arraignment.
c. During post-indictment identifications
d. Investigation prior to suspect being charged.
Usually, officers cannot make a lawful arrest:
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a. for any crime committed in their presence.
b. for any felony if they have probable cause.
c. with an arrest warrant.
d. for a misdemeanor committed outside their presence.
When a court sets aside or annuls a decision, it has:
a. reversed the decision.
b. remanded the decision.
c. vacated the decision.
d. overturned the decision.
Searches at international borders:
a. must be based on reasonable suspicion.
b. must be based on probable cause.
c. may be conducted without probable cause or a warrant.
d. must be conducted randomly.
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The precedent case for analyzing confessions issues is Miranda v. Arizona.
The principle that looks at all available information to assess whether the sum total
would lead a reasonable person to believe what the officers concluded is the:
a. bright line approach
b. totality of the circumstances
c. individual circumstances
d. overall assessment
Which of the following has not been enacted to outlaw discrimination?
a. the Civil Rights Act.
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b. the Equal Rights Amendment.
c. the Voting Rights Act.
d. the Equal Pay Act.
The Amendment that guarantees the right against unreasonable searches and seizures is
the:
a. Fifth Amendment
b. Sixth Amendment
c. Fourth Amendment
d. Eighth Amendment
For an amendment to the U.S. Constitution to be ratified, the number of state
legislatures or special conventions which must agree is:
a. one-fourth
b. one-half
c. two-thirds
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d. three-fourths
The final, official opinions of the Supreme Court of the United States are found only in
the printed, bound volumes of:
a. the National Reporter System
b. Westlaw
c. SCOTUS blog
d. the United States Reports
The first guarantee to be made applicable to the states through incorporation was:
a. freedom of religion.
b. freedom to assemble.
c. freedom of speech.
d. freedom of the press.
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Potential jurors are questioned by both sides to determine impartiality in a process
called:
a. peremptory challenging
b. jury nullification
c. voir dire
d. habeus juris
A comprehensive text on a legal subject that goes into a specific subject in depth is
known as a:
a. legal periodical
b. treatise
c. legal dictionary
d. legal encyclopedia
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Bail may not be denied in:
a. capital cases.
b. cases involving the death penalty.
c. when the accused has threatened trial witnesses.
d. all homicide cases.
The prohibition against excessive fines:
a. has been incorporated to apply to the states.
b. does not apply in civil cases.
c. limits punitive damages in civil cases
d. does not apply in criminal cases.
A case with the caption United States v. Smith is most likely a:
a. criminal case
b. civil case
c. class action suit
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d. federal appeal
Some states allow officers to arrest for a misdemeanor not committed in their presence
in the case of:
a. domestic assault.
b. reckless driving.
c. drug possession.
d. illegal immigrants.
The Third Amendment:
a. addresses suits at common law.
b. deals with lawsuits exceeding $20.
c. prohibits the quartering of soldiers in homes during times of peace.
d. has been challenged numerous times throughout the history of America.
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The Fourth Amendment forbids ______________ searches and seizures.
The Ninth Amendment establishes that the rights of U.S. citizens extend beyond those
listed in the Constitution.
A purposeful, voluntary giving up of a known right is a ____________.
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The __________________ Amendment concerns the right to privacy and security and
forbids the government or its agents from searching individuals, their homes or their
personal possessions or from seizing them unless the government has "probable cause"
to believe that a crime has been committed.
England's historic ___________, a precedent for democratic government and individual
rights, played an important role in the framing of the United States Constitution.
The Supreme Court has held that California's "three-strikes" law did not violate the
Eighth Amendment.
Explain the role of the Magna Carta in framing the U.S. Constitution.
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The laws of the U.S. Congress are considered secondary sources.
The geographic location of a trial is known as its ____________.
Rights not specifically listed in the Bill of Rights are known as delegated rights.
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The newspaper is not considered a legitimate source of information regarding the law.
Courts typically justify the consent exception by two separate tests: the ____________
test and the ____________ test.
The Supreme Court has ruled that Americans have a free-speech right to pass out
anonymous political pamphlets.
Explain the justifications for the automobile exception to the requirement for a warrant.
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The Equal Protection Clause prohibits discrimination in jury selection only when it is
based on race.
Discuss the Brady Act.
page-pf14
Olmstead v. United States stated that "the most comprehensive of rights and the right
most valued by civilized men" is the right to pursue happiness.
________________ segregated blacks from whites in schools, restaurants, and even
cemeteries.
The prohibition against double jeopardy prevents a second trial for the same offense for
any reason.
In ___________, the Supreme Court reinstated the Georgia death penalty by sustaining
its revised death penalty law.

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