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 Supreme Court has ruled that use of the key-man system to select jurors is in
violation of the Sixth Amendment.
a. True
b. False
A discretionary order of the Supreme Court to review a lower court decision is called a
writ of review or a writ of certiorari.
a. True
b. False
The party appealing a lower court ruling or decision to a higher court is called the
appellee.
a. True
b. False
Sentencing guidelines are a response to demands from both experts and the public for
all of the following EXCEPT:
a. uniformity in sentencing.
b. certainty and truth in sentencing.
c. increased rehabilitation of offenders.
d. retribution, deterrence, and incapacitation.
Criminal procedure refers to the methods the government can use to:
a. investigate criminals.
b. investigate and prosecute criminals.
c. investigate, prosecute, and convict criminals.
d. investigate, prosecute, convict, and punish criminals.
People who sue the government or its officers under section 1983 are:
a. usually successful.
b. usually successful if the violation was extreme.
c. rarely successful.
d. usually successful because juries do not believe police officers tell the truth.
Information received from anonymous informants is always considered equal in quality
to that received from known informants in providing reasonable suspicion for a stop.
a. True
b. False
The presumption of _______assumes that the government is acting lawfully unless
there is clear evidence to the contrary.
a. regularity
b. infallibility
c. enforceability
d. innocence
One of the most important criminal law issues today is whether the Constitution
establishes:
a. that DNA testing is required in all criminal cases.
b. that DNA testing is required in all cases involving stranger on stranger crimes.
c. a post conviction right to access previously produced forensic evidence so it can be
DNA tested in order to establish innocence.
d. a post conviction right to retest evidence that was DNA tested during the criminal
trial.
Fixed sentencing has two primary forms ” sentencing guidelines and discretion.
a. True
b. False
According to the empirical research about consent searches:
a. lower courts find that consent was voluntary in all but the most extreme cases .
b. lower courts are very willing to set consent searches aside when they find they were
not voluntary
c. there are so few consent search cases that courts have had little opportunity to rule on
the issue
d. judges are skeptical of consent searches and critical of the police in their opinions
The reasonableness of a search pursuant to a search warrant depends on the manner in
which the police enter the place which the warrant authorizes them to search.
a. True
b. False
In order to accept a guilty plea, the judge is required to find all of the following
EXCEPT:
a. No bargains or promises were made in exchange for the plea
b. The plea was knowingly made
c. The plea was voluntarily made
d. There is a factual basis for the plea
Which of the below is a source of the president’s authority to establish military
commissions?
a. The uniform code of military justice
b. Article III courts
c. The president’s power to conduct foreign policy
d. The president’s role as commander in chief
When a court distinguishes a case, it decides that precedent does not apply to the
current case because the facts of are different.
a. True
b. False
The special protection accorded by the Fourth Amendment to persons, places, papers,
and effects does not include protection for:
a. telephone calls.
b. curtilage.
c. offices.
d. open fields.
The US. Supreme Court has held that citizens have a reasonable expectation of privacy
in the telephone numbers they call.
a. True
b. False
Profiles are neither direct observation nor hearsay.
a. True
b. False
The United States Supreme Court has no authority to interpret a state constitution as
long as state constitutional provisions and the decisions interpreting them meet the
standards set by the United States Constitution.
a. True
b. False
The area of arrested persons themselves and the area under their immediate control is
called the ________ area.
Discretion and formal law making are antagonistic to each other in balancing the
interests in criminal procedure.
a. True
b. False
The U.S. Supreme Court gave birth to the exclusionary rule in what landmark 1914
decision?
a. Weeks v. U.S.
b. Wolf v. Colorado
c. Mapp v. Ohio
d. Silverthorne Lumber Co. v. U.S.
You not only have the right to counsel, but also the right to _________counsel.
a. comparative
b. affordable
c. effective
d. reasonable
Which of the following is NOT considered a special-needs search?
a. Inventory search
b. Prenatal patient drug search
c. Hot pursuit search
d. Airport search
U.S. v. Moscatiello (1985) involved police use of plain view at a physical location
where they had no right to be (a warehouse). Although they observed contraband in the
form of marijuana, they maintained surveillance and secured a warrant without using
the drug observations as a part of their probable cause. This decision created what
exception to the exclusionary rule?
a. Independent source exception
b. Inevitable discovery exception
c. Good faith exception
d. Public safety exception
Probationers and parolees have diminished Fourth Amendment rights.
a. True
b. False
According to the Supreme Court, police can take no action against a citizen until they
have probable cause.
a. True
b. False
In California v. Ciraolo (1986), a case involving the police using a plane to fly 1000 feet
over Ciraolo’s yard to see if he was growing marijuana, the Supreme Court ruled:
a. the plane enhanced the police officer’s natural vision and, therefore, the Fourth
Amendment was implicated and the officers should be held to the probable cause and
warrant requirements.
b. the plane enhanced the officer’s vision but they had probable cause based on other
evidence.
c. the plane didn’t enhance the officer’s vision, therefore it was a plain view search
outside the purview of the Fourth Amendment.
d. the Fourth Amendment restricts officers from using airplanes to search for drugs.
Lockyer v. Andrade (2003) dealt with which of the following constitutional questions?
a. Proportionality of a death sentence in a child rape and assault case
b. Acceptability of sentencing a convicted felon in absentia
c. Permissibility of a 50 year sentence for shoplifting under a “three strikes” law
d. Denial of a duly filed habeas corpus petition seeking judicial relief