Which of the following is TRUE?
a. Every state and the federal government now have statutes that mandate DNA testing
of all incarcerated felons.
b. Every state and the federal government now have statutes that mandate DNA testing
of all those incarcerated of either a felony or a misdemeanor.
c. DNA testing of those incarcerated is on a state-by-state basis, and there is no statute
at either the federal or state’s level.
d. Only the federal government has a statute mandating DNA testing for incarcerated
felons.
The exclusionary rule does not prevent prosecutors from using illegally seized evidence
to impeach defendants’ testimony.
a. True
b. False
In which case did the court say that regarding selective enforcement of drug laws the
majority of elevated penalties fall on Blacks while the majority of users were white?
a. Miranda v Arizona
b. Terry v Ohio
c. U.S. v Armstrong
d. U.S. v Weeks
Frisks:
a. are the most invasive type of search.
b. are not considered invasions of privacy.
c. are always allowed following a stop.
d. are the least invasive type of search.
The balance during emergency times tips toward the protection of individual liberty.
a. True
b. False
__________sentencing is tailoring punishment to suit the criminal and puts the power
to sentence in the hands of judges and parole boards.
a. Fixed
b. Determinate
c. Indeterminate
d. Presumptive
One way a confession could be false is if the crime never occurred.
a. True
b. False
The deterrence justification bans not only evidence illegally obtained directly but also
evidence derived from the illegally obtained evidence.
a. True
b. False
When a suspect is arrested in a car or other vehicle, police as part of the search incident
to the arrest may search the vehicle’s trunk
a. True
b. False
Concerning third party consent to search, in which of the following situations can one
person consent to a search for the other person?
a. A janitor consenting to the search of the employer’s premises.
b. A school administrator consenting to the search of a guidance counselor’s locked desk
containing confidential records.
c. A factory owner consenting to a search of items on top of an employee’s workbench.
d. A landlord consenting to the search of a tenant’s apartment.
Indeterminate sentencing requires a judge to impose a nondiscretionary minimum
period of incarceration that everyone convicted of that crime must serve.
a. True
b. False
The prohibition against double jeopardy attaches:
a. at arrest.
b. after indictment or being bound over following a preliminary hearing.
c. when the first witness testifies.
d. at different times for judge and jury trials.
According to the Supreme Court, it is reasonable under the Fourth Amendment for
public schools to require students involved in any extracurricular activity to be tested
for drug use.
a. True
b. False
According to the Supreme Court, proof beyond a reasonable doubt:
a. is required by due process.
b. is a rule of procedure, not a constitutional requirement.
c. states are free to adopt whatever standard of proof they choose.
d. is a discretionary matter for each court to determine for itself.
The _______exception says that illegally obtained evidence can come into court if the
poisonous connection between illegal police actions and the evidence they got illegally
from their actions weakens enough.
a. deterrence
b. constitutional
c. ethical
d. attenuation
Which of the following has NOT contributed to the growth and prevalence of plea
bargaining?
a. Increasing crime rates
b. Reduction in the power of prosecutors
c. Increased complexity of the criminal trial process
d. Larger caseloads
Six person juries do not have to render unanimous verdicts.
a. True
b. False
The right to a jury trial:
a. dates back in history to the U.S. Constitution.
b. was first recognized in the Bill of Rights.
c. has ancient roots in European history and the English Bill of Rights.
d. was first espoused by the American colonists.
Town of Castle Rock v. Gonzalez (2005) ruled that individuals have a constitutional
right to have restraining orders enforced.
a. True
b. False
In regard to school searches, the Supreme Court has declared:
a. school officials may conduct a search of the outer clothing of all persons found on
school property.
b. while in school, children have no reasonable expectation of privacy.
c. the legality of the search of a student should depend on the reasonableness, under all
circumstances, of the search.
d. the Fourth Amendment does not protect university students in administrative
searches.
Which of the following does notimplicate the Fourth Amendment?
a. show of force with submission
b. frisk
c. briefly grabbing a suspect to check suspicion
d. asking questions of potential witnesses at the scene of a robbery
Beltran v. City of El Paso (2004) ruled that:
a. a 911 operator had an affirmative duty to protect a mother and her daughter from
their husband/father who murdered them.
b. a 911 operator had no affirmative duty to protect a mother and daughter from their
husband/father who murdered them.
c. the 911 operator violated the due process rights of the murdered mother and daughter
due to the operator’s failure to protect them.
d. the 911 operator violated the constitutional rights of the murdered mother and
daughter due to the operator conveying untruthful information.
In the early years immediately following the adoption of the Sixth Amendment
guaranteeing the right to counsel, courts interpreted that right to mean:
a. all defendants must receive counsel at government expense.
b. defendants have a right to counsel at trial provided they can afford one.
c. defendants do not have a right to counsel until the trial itself, but once trial begins all
defendants must receive lawyers even if they cannot afford them.
d. only felony defendants are entitled to lawyers at government expense.
According to the court in State v. Ellis, involving a search of a dormitory room at a
public university, administrators may never enter students’ rooms for any purpose
without probable cause.
a. True
b. False
In the administrative sentencing model, who prescribes the range of allowable prison
times for particular crimes?
a. Judges and the legislature
b. The legislature
c. Judges
d. Only the judge that hears the case
According to confessions and interrogation expert Professor Fred Inbau, police can
solve many cases only if guilty persons confess.
a. True
b. False
Which of the following is NOT considered to be a function of the first appearance?
a. Setting and/or restricting bail and its conditions
b. Negotiating plea bargains with the judge
c. Informing defendants of the charges against them
d. Appointing counsel for indigent defendants
The Supreme Court has held that citizens have no reasonable expectation of privacy in
which of the following?
a. Telephone conversations.
b. Bank records.
c. Private papers.
d. Letters given to the post office.
What is the term used to describe a lawyers willing to represent their client at no
charge?
a. Counsel pro bono
b. Appointed counsel
c. Indigent counsel
d. Retained counsel
In California v. Hodari D. (1991), the Supreme Court ruled:
a. a seizure cannot occur if the suspect does not yield.
b. a show of authority stop by police is sufficient to establish a seizure occurred.
c. a show of authority is sufficient to establish that a suspect is not free to leave.
d. a warning shot is required to establish a seizure occurred and the suspect continues to
flee.
In Herring v. U.S. (2009) the court held that if an officer makes an arrest, reasonably
(but wrongly) believing there’s an outstanding arrest warrant against the suspect, the
arrest violates the Fourth Amendment but evidence obtained during a search incident to
the unlawful arrest is admissible in court.
a. True
b. False
The process for allowing judges to deny bail to dangerous defendants is referred to as:
a. Selective enforcement
b. Selective incapacitation
c. Judicial prerogative
d. Preventive detention
The doctrine of staredecisisbinds judges to follow the prior decisions of:
a. their own court and courts superior to them in their jurisdiction.
b. any court in the same state of equal power.
c. any court in the United States.
d. only the U.S. Supreme Court.
What were ‘sneakandpeek” searches originally used for, and how has their legal status
and definition changed since 9/11? Describe the three conditions under which the
Patriot Act authorizes judges to issue sneak-and-peek warrants.
The traditional legal doctrine which held that criminal cases could not be appealed if
the sentence had been satisfied is called the _________doctrine.
The right of citizens to come and go as they please is called _______________.
Kuha v. Minnetonka (2003) held that a dog trained only in the _____ and
______ technique met the requirements of the objective standard of reasonable force
test.
Pat-downs of suspects to protect officers against the danger of concealed weapons are
_________.
The U.S. Supreme Court has ruled that a __________is necessary to effect a routine
arrest of a suspect in their home.
Money awarded to compensate someone for a violation of their rights is called
________.
Identification evidence, with all of its problems, is the most widely used, often the only,
evidence available to identify and prove the guilt of ________.
The second question in the law of searches analysis asks whether the search was
________.
The doctrine that requires that once courts have decided cases, those prior decisions
bind later courts to follow them is _________.
Cases where the proof of guilt is overwhelming are called ____________cases.
Discuss the importance of pre-lineup instructions in identification procedures for
lineups.
Explain the various types of guilty pleas.
Discuss what psychologists know about the confidence an eyewitness has in his or her
identification and how that confidence will impact a case.
Proceedings which attack the trial court’s judgment of conviction as part of the same
case are _____.
Discuss three of the findings with regard to social costs and deterrence of the
exclusionary rule.