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 protections in the Bill of Rights to state criminal proceedings.
a. True
b. False
Unless the police are in hot pursuit of a suspect, the Fourth Amendment usually requires
a warrant to enter a private home to make arrests.
a. True
b. False
According to the Supreme Court in Michigan v. Sitz, involving sobriety checkpoints,
detaining a car briefly at a sobriety checkpoint requires:
a. reasonable suspicion to think that the driver is driving under the influence.
b. probable cause to think that the driver is driving under the influence.
c. clear and convincing evidence to think that the driver is driving under the influence.
d. no individualized suspicion because of the importance of the State’s interest in
addressing the drunk driving problem.
The first U.S. case was DeShaney v. Winnebago County Department of Social
Services (1989).
a. civil action
b. duty-to-protect
c. limited liability
d. strict liability
Under certain circumstances, law enforcement officers have a total immunity defense
that protects them from being held personally liable for violating someone’s rights.
a. True
b. False
The greater the limits the government places on an individual’s autonomy, the more
facts must back up the government’s actions.
a. True
b. False
The Authorization for Use of Military Force of 2001 was issued by President Bush as a
presidential proclamation.
a. True
b. False
In the U.S., indeterminate sentencing was the dominant form of sentencing until the
1970s, when several forces came together to oppose it. These forces included all of the
following, EXCEPT:
a. reformers concerned about harsh, fixed sentences.
b. public discontent with rehabilitation.
c. individual rights advocates who opposed the informal discretionary power of judges.
d. increased demands for formal accountability throughout the criminal justice system.
The text refers to __________ as police actions and procedures that violate any of the
five constitutional rights.
a. bad evidence
b. bad methods
c. good methods
d. good evidence
An officer who smells marijuana as he drives by a car with an open window:
a. cannot compel the driver to stop the car so he can investigate without a warrant.
b. is limited to noting the license plate number of the vehicle and initiating a stakeout of
the owner’s home in order to gather additional evidence.
c. is authorized to stop the car to investigate without a warrant or probable cause
because it is a plain search and outside the scope of the Fourth Amendment.
d. is authorized to stop and investigate because he has probable cause under the Fourth
Amendment.
In order to win a Section 1983 lawsuit against a police officer, the plaintiff must prove
that the officer was acting under color of state law when he engaged in the behavior that
is the subject of the suit.
a. True
b. False
Arrests produce written documents that become part of a person’s record.
a. True
b. False
The Fourth Amendment does notprohibit all “noknock” entries.
a. True
b. False
Constitutionalism assumes which of the following statements to be TRUE?
a. Laws and constitutions are both considered to be sets of guidelines for behavior.
b. Constitutions can never be changed under any circumstances once created.
c. The constitution is never considered to be binding on the government in any way.
d. Constitutions embody the core values and collective will of the people.
Which of the following is NOT a common excuse for exemption from jury service?
a. Economic hardship
b. Courthouse is too far from the individual’s house
c. Uninteresting case
d. Need to care for small children
According to the court in Bull v. City and County of San Francisco(2010), involving
strip searches of all arrested persons who were admitted to the general population at the
San Francisco jail:
a. the strip searches did not violate the Fourth Amendment.
b. the reasonableness of strip searches requires probable cause that detainees are
concealing weapons or contraband.
c. strip searches can be conducted only if there is individualized reasonable suspicion.
d. correctional officers must contact law enforcement for a warrant before a strip search
can be conducted.
Concerning pretext searches:
a. the Supreme Court has decided that they violate the Fourth Amendment.
b. officers using them usually have probable cause to arrest for a felony.
c. they are used with searches incident to arrest.
d. they are powerful investigative tools that police use to gather evidence against
suspects and the Supreme Court has decided that they do not violate the Fourth
Amendment.
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 right of access applies to pretrial proceedings as well as to the trial itself.
d. Press and public access includes jury deliberations.
Although he concurred with the result in Rochin v. California, Justice Black disagreed
with the majority’s approach to deciding what constitutes due process because he felt:
a. that the conviction should have stood.
b. the majority’s approach gave individual justices too much leeway to enforce their
own notions of justice on the states.
c. it was too rigid and unbending.
d. the Court had no business reviewing state court convictions.
Prosecutors have ________immunity from civil lawsuit.
a. absolute
b. qualified
c. sovereign
d. functional
The speedy trial clause prohibits:
a. any delay in prosecution.
b. delays caused by the state.
c. delays due to trials of other defendants.
d. only undue delays.
Which of the following is not a seizure?
a. chasing a fleeing suspect who gets away
b. arresting someone
c. physically grabbing someone to check suspicion
d. using such a show of force that a reasonable person does not leave
Supporters of convictions by guilty pleas argue all of the below except:
a. negotiation better serves the search for truth.
b. guilty pleas save time.
c. the system would collapse without guilty pleas.
d. guilty pleas further the interests of crime victims.
Police officers can automatically frisk all citizens whom they stop.
a. True
b. False
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. neither a single dictator nor an overwhelming majority of people have total power.
d. the power of police depends on which party won the most recent election.
Today, the United States Supreme Court relies exclusively on deterrence as the only
justification for excluding valid evidence.
a. True
b. False
The Sixth Amendment confrontation clause:
a. guarantees the government the right to cross-examine the defense’s witnesses.
b. limits the government’s use of physical evidence.
c. guarantees the defense the right to cross-examine the government’s witnesses.
d. guarantees the defendant the right to compulsory process to obtain witnesses.
The use of a roadblock to screen drunk drivers on a public roadway is an example of a
Show of _______ seizure.
a. Intent
b. Purpose
c. Authority
d. Force
The early Roman republic had virtually no safeguards for individuals against
government power in its law of criminal procedure.
a. True
b. False
Suggestive lineups:
a. lead to automatic exclusion of the identification made at them.
b. are always questioned by the trial judge.
c. always give rise to a substantial likelihood of misidentification.
d. do not lead to automatic exclusion of the identification made at them.
In Hurtado v. Californiathe defendant complained that his Fifth Amendment rights were
violated because he was not properly indicted by a grand jury. The Supreme Court ruled
against him because:
a. his crime wasn”t a capital or otherwise infamous crime.
b. California, unlike the federal government, could use an information rather than a
grand jury indictment to charge Hurtado.
c. he confessed, so due process was irrelevant.
d. the California grand jury had properly indicted him.
The Fourteenth Amendment:
a. was enacted after the Civil War and helped establish federal supremacy over states’
rights.
b. contains a due process clause.
c. embodied the idea that all are entitled to equal rights.
d. was enacted after the Civil War, helped establish federal supremacy over states’
rights, embodied the idea that all are entitled to equal rights, and contains a due process
clause.
The Fourth Amendment requires that magistrates base their probable cause
determination on information sworn to under oath.
a. True
b. False
According to the Supreme Court’s opinion in U.S. v. Montoya de Hernandez, involving
the detention of a traveler at the border, the standard of evidence necessary to detain a
traveler at the border, beyond the scope of a routine custom search and inspection is:
a. probable cause.
b. no evidence at all, the Fourth Amendment does not apply at the border.
c. a clear indication of illegal activity.
d. reasonable suspicion.
Does an anonymous tip amount to reasonable suspicion? Explain.
Why can plain-view searches be called nonsearches? Identify and describe the
situations when the three conditions of the plain-view doctrine apply.
The citation of a case appears after the _______of the case.
A type of fixed sentence that prescribes a non-discretionary amount of prison time that
all offenders convicted of the offense must serve is ______ sentence.
Compare and contrast sentencing guidelines and mandatory minimum sentences, and
identify three aims of each type of sentence.
Explain the difference between peremptory challenges and challenges for cause.
The Fourth Amendment protects against unreasonable searches and seizures by the
_______.
The record of the numbers grand jurors voting for an indictment is referred to as the
_________.
Identify the two elements individuals must prove to succeed in a claim that government
denied them equal protection of the law.
Identify three emergency searches, and describe why each situation falls under the
exception to the warrant requirement.
The rule that an alleged error at trial may be raised on appeal even if the error was not
objected to at trial so long as it was a clear error affecting substantial rights and causing
manifest injustice is called the _________rule.
If a judge concludes at a preliminary hearing that the government has satisfied its
evidentiary burden, the defendant is _______ for trial.
The _______ Act of 1968 puts a general ban on the interception of wire, oral, or
electronic communication while they are taking place.
___________demands that the government justify the detention and incarceration of
prisoners.
_________is when the brain stores information between the time of the crime and the
lineup, show-up, or photo identification.
The objective basis required for making a lawful stop is _____________.
Explain why “hunches aren”t enough” in criminal procedure.